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Monday, February 11, 2013

Look who’s Victorian now – Lord Gill criticised over conduct towards Judicial Complaints.SCOTLAND’S top judge, the Lord President Lord Brian Gill, who once branded Scotland’s Civil Justice system as “Victorian”, a failure to Scots society, unfit for purpose, and went onto proposed wide ranging reforms which have not been implemented some five years on, has himself come in for severe criticism over the judiciary's attitude towards complaints made against judges after it was revealed that Moi Ali, the independent Judicial Complaints Reviewer (JCR) tasked with looking into complaints made against Scottish judges has been “frozen out” of the process by angry members of the judiciary who despise independent scrutiny of their own activities.

The revelations, coming from Moi Ali’s first annual report as Judicial Complaints Reviewer were published only last week after the Scottish Government ignored a series of Freedom of Information requests made byDiary of Injustice journalists over the course of 2012 asking for the disclosure of information about the Judicial Complaints Reviewer’s appointment, her activities over the past year, and costs of her office.

Ms Ali’s first annual report, which can be read online here : Judicial Complaints Reviewer Annual report 20011- 2012 or on the JCR’s website HERE reveals a series of incidents where her office has been blocked by the Lord President from accessing communications, internal memos and reports between the office and the judges about complaints.

Ms Ali has also revealed in her report that, staggeringly, she has not even been able to meet the current Lord President, Lord Gill, or the previous Lord President Lord Hamilton.

In one particular case, Ms Ali revealed in her report “When the Judicial Office made an initial assessment of this complaint, it was not reasonable for them to conclude that the behaviour complained about, which left the complainer “insecure and scared”, fell into the category of judicial decision/case management/court programming. According to the Rules, they should have referred that element of the complaint to the disciplinary judge for consideration. This did not happen, and instead the complaint, in its entirety, was dismissed. For that reason I made a referral to the Lord President, who then revoked that part of the original determination and referred it to the disciplinary judge, who then dismissed the complaint.”

Lord Gill heavily criticised the plans for a register of interests of judges, claiming he and his fellow colleagues should have their significant wealth & assets shielded from public disclosure in case "aggressive media or hostile individuals, including dissatisfied litigants" were to find out the true state of judges wealth and their connections to big business, including financial connections with insurance companies, offshore tax-dodging trusts, and somewhat odd property ownership schemes.

The Sunday Mail newspaper has featured a report on Moi Ali’s difficulties with the Scottish Judiciary, and Lord Gill’s attack on plans to make Scotland’s judiciary more transparency & accountable. Since yesterday’s report in the press, sources within the Scottish Government have this afternoon informed DOI journalists that “officials had operated a policy of deliberately ignoring FOI requests relating to the Judicial Complaints Reviewer's office from Diary of Injustice.”.

For the record, Rosemary Agnew, the Scottish Information Commissioner was made aware of the Scottish Government’s refusal to answer any Freedom of Information requests relating to the Judicial Complaints Reviewer during 2012 and the SIC were copied in on the relevant FOI requests made to the Scottish Government at the time.

The Sunday Mail reports :

JUDICIAL INVESTIGATOR LEFT IN THE DARK

May the watchdog appointed by the Scottish Government to investigate complaints against judges have leave to approach the bench, Your Honours? NO.. SHE MAY NOT

A watchdog appointed to look into complaints against Scotland's judges fears she is being frozen out.

Moi Ali has accused the country's most senior judge, Lord President Lord Gill, of undermining her work by blocking access to vital documents.

She revealed her frustration in her first annual report since taking up the newly-created role of Judicial Complaints Reviewer.

Ali said she was only seeing the correspondence between the Judicial Office, who act for the judges, and the complainers.

But she was not allowed to see the internal memos and reports between the office and the judges about complaints.

She said: "I believe that in order to conduct a review, and to make wider recommendations on complaints handling, I need to see files in their entirety. "Without this, it is difficult to satisfy myself, let alone complainers, as to the fairness of the process. "I have continued to complete reviews but have made it clear to complainers that I have not had access to all documentation in their complaint file."

Justice Secretary Kenny MacAskill defied judicial opposition to create the part-time job to monitor how complaints against judges, sheriffs and justices of the peace are handled.

And Ali fears there is still resistance from within the judiciary to her role as an independent investigator.

She said: "With any profession, there's a feeling that regulation should come from within. "But this is the first time that the judiciary have been exposed to this kind of scrutiny, which other professional groups are more used to. "Most have accepted there is some kind of mechanism to scrutinise their conduct. That doesn't mean that we don't have a free and independent judiciary."

Ali also revealed that she has still not met 70-year-old Lord Gill, who was appointed to his £214,165-a-year post last June, and did not meet his predecessor Lord Hamilton.

She said: "I'm not overly concerned but I'm slightly surprised that the Lord President did not proactively suggest a meeting. I don't need to meet him but I think it would have sent out a positive message."

Ali is more concerned at the decision to block her access to documents.

She said: "This came to light because in review number one I was sent all the documents but then I didn't get the same ones for the second review. "At that point I discovered that I had been given them in error the first time. "I can't see any reason why and that worries me because I can't understand it."

Ali also voiced concerns that judges being investigated could evade punishment by quitting before the probe is complete. And she found there has been a breach in the rules in the way one of the four complaints she reviewed had been handled. Ali also urged the judiciary staff to use plain English when dealing with the public.

Her lack of administrative support was also highlighted - on her first day, she did not have a computer, printer, phone, email address or stationery - and she said it meant she was "unable to give the level of service that I would like to provide".

A Judicial Office for Scotland spokeswoman said: "In the short time the JCR has been in the post, we have worked very closely with Ms Ali in implementing, developing and reviewing the rules and how they are applied.

"With any new system, there is always a period of adaptation and adjustment and we are grateful to Ms Ali for the helpful suggestions and recommendations she has put forward and which, for the most part, have been implemented.

"A review of the rules is due to take place shortly and the Lord President is committed to working constructively to ensure the complaints procedure develops effectively."

TOP JUDGE REJECTS REGISTER OF INTERESTS

Lord Gill has rejected calls for judges to register their interests - because he fears they may be harassed by "aggressive media".

A petition lodged with the Scottish Parliament is calling on the judiciary to reveal any commercial, business or legal links in case they raise possible conflicts with their cases.

But in a letter to the public petitions committee, Scotland's most senior judge said current safeguards are enough.

Lord Gill said: "In practical terms, it would be impossible for all judicial office holders to identify all the interests that could conceivably arise in any future case.

"The terms of the judicial oath and the statement of principles of judicial ethics ensure that such a difficulty does not arise and that the onus is on the judicial office holder to declare any interest at the outset."

He said details held on a register could be abused by "aggressive media or hostile individuals, including dissatisfied litigants".

The call for a register has also been rejected by the Law Society of Scotland.

126 comments:

I'm not surprised about this as the judges always argue they have to remain independent (to cover up their own fiddles) also never heard of this judicial complaints reviewer until now so not well publicised probably for a reason.

As many suspected the appointment of a Judicial Complaints Reviewer was just a piece of window dressing - you only have to read of the administrative 'support' and the budget which was allocated to see that.

How did this Moi Ali get the job?I ask this as I haven't seen anything in the Scottish Parliament about this.If she is so upset about how her position is being treated by the judges why hasn't she appeared at Holyrood at the Justice Committee to vent her anger?

Ali also voiced concerns that judges being investigated could evade punishment by quitting before the probe is complete.

DUH!

Doctors,Civil Servants,Police,just about anyone who works in the public sector gets away with this all the time so not really as big a deal as Ali makes out (even though it should be a big deal of course)

So,the last time judges went against the MacAskill line (HMA v Cadder and the Nat Fraser case) we had Salmond,MacAskill & co slating the judiciary to spectators at the Edinburgh Festival but I dont see any outraged MacAskill this time around.

Could it be this is an SNP plot to remind the judiciary they are in charge and rule in favour of wee MacHaggis pretendy Government policy all the time?

Even with the lack of reforms from the Civil Courts Review and you are correct to constantly hammer away at this point,surely you have to admit there is something overtly political about all of this and perhaps Gill is right not to let Moi Ali and the rest of the SNP clan in on the inner workings of the judiciary.

All that aside I like your idea of a register of interests for judges!

Perhaps if the whole thing had been done above board and with a wider remit,staff and appointments this Judicial Complaints Reviewer will sound the part but no and to make matters worse she is sharing office space with that other walking abortion of a regulator the Scottish Legal Complaints Commission!

Interesting the Scottish Government have been boycotting your fois and this is probably due to the amount of damage you have/are are inflicting on the legal establishment.Someone must have realised if all this got out earlier than planned the judges and MacAskill would be having it out in open hence the lack of any announcement to go with Moi Ali's report.

Incidentally there was a great debate on another law blog about this story yesterday although no one had the text version.

"For the record, Rosemary Agnew, the Scottish Information Commissioner was made aware of the Scottish Government’s refusal to answer any Freedom of Information requests relating to the Judicial Complaints Reviewer during 2012 and the SIC were copied in on the relevant FOI requests made to the Scottish Government at the time."

and she intends to do something about it or not?

Clearly an organised Scottish Gov abuse of Freedom of Information going on here and nothing from the Scottish Information Commissioner?

Very poor show all round no wonder there are stories beginning to appear in the press about Scots not being popular around the world due to the way we allow our politicos and lawyers to run and ruin us as well as all this independence crap hey ho the rest of the word have discovered Scotland is NOT the best wee country in the world after all http://www.heraldscotland.com/comment/bloggers/have-the-scots-become-unpopular-or-is-it-just-me.2013022111

Her lack of administrative support was also highlighted - on her first day, she did not have a computer, printer, phone, email address or stationery - and she said it meant she was "unable to give the level of service that I would like to provide".

How did Ms Ali feel about her lack of admin support from the man who gave her the job?

Thanks to the earlier comment I found this - http://petercherbi.blogspot.co.uk/2011/08/old-pals-act-macaskill-appoints-snp.html

"This is a new appointment, established by the Judiciary and Courts (Scotland) Act 2008 to review, when asked, the handling of a complaints investigation into members of the judiciary, to ensure that it has been dealt with in accordance with the Complaints about the Judiciary (Scotland) Rules 2011. The Reviewer has no powers to consider the merits of any complaint or the disposal of the complaint. The appointment will be for a period of three years from 1 September 2011 to 31 August 2014, and will be paid a daily fee of £209. The appointment has been made with the approval of the Lord President."

Why create a job at £209 a day with the approval of the Lord President when the position "has no powers to consider the merits of any complaint or the disposal of the complaint."

Bit of a waste of public funds surely and even worse it unfairly raises the expectations of people making complaints..

Clearly Scotland’s judiciary have operated in a closed world for too long, and have become used to writing their own rules, and living above expectations of transparency which the rest of us – even the Prime Minister, have to adhere to.

Good point and also good luck for your register of interests petition.This should be made law immediately and stuff the judges worries about the media getting hold of their financial interests!

Ali also voiced concerns that judges being investigated could evade punishment by quitting before the probe is complete.

DUH!

Doctors,Civil Servants,Police,just about anyone who works in the public sector gets away with this all the time so not really as big a deal as Ali makes out (even though it should be a big deal of course)

11 February 2013 22:10

Got it in one.Why the shock horror from someone who knows the score we all know to be the case?

"This is a new appointment, established by the Judiciary and Courts (Scotland) Act 2008 to review, when asked, the handling of a complaints investigation into members of the judiciary, to ensure that it has been dealt with in accordance with the Complaints about the Judiciary (Scotland) Rules 2011"

Welcome to the world of badly written SNP legislation voted through by clueless people who are not fit to be local councillors or elected representatives to a 'national' parliament.

Very poor show all round no wonder there are stories beginning to appear in the press about Scots not being popular around the world due to the way we allow our politicos and lawyers to run and ruin us as well as all this independence crap hey ho the rest of the word have discovered Scotland is NOT the best wee country in the world after all http://www.heraldscotland.com/comment/bloggers/have-the-scots-become-unpopular-or-is-it-just-me.2013022111

"Ali also revealed that she has still not met 70-year-old Lord Gill, who was appointed to his £214,165-a-year post last June, and did not meet his predecessor Lord Hamilton.

She said: "I'm not overly concerned but I'm slightly surprised that the Lord President did not proactively suggest a meeting. I don't need to meet him but I think it would have sent out a positive message."

Funny attitude for a pretendy regulator - she doesn't think she needs to meet the people she is reviewing complaints into..

"Ali also revealed that she has still not met 70-year-old Lord Gill, who was appointed to his £214,165-a-year post last June, and did not meet his predecessor Lord Hamilton.

She said: "I'm not overly concerned but I'm slightly surprised that the Lord President did not proactively suggest a meeting. I don't need to meet him but I think it would have sent out a positive message."

Funny attitude for a pretend regulator - she doesn't think she needs to meet the people she is reviewing complaints into..

A Judicial Office for Scotland spokeswoman said: "In the short time the JCR has been in the post, we have worked very closely with Ms Ali in implementing, developing and reviewing the rules and how they are applied.

"With any new system, there is always a period of adaptation and adjustment and we are grateful to Ms Ali for the helpful suggestions and recommendations she has put forward and which, for the most part, have been implemented.

"A review of the rules is due to take place shortly and the Lord President is committed to working constructively to ensure the complaints procedure develops effectively."

Another review of the review of the review of the review?

Come off it Lord Gill you said years ago about all this victorian justice system and we are no further forward today

Surely we are entitled to know what these "complaints" or requests for reviews are all about?

For instance if they relate to civil cases like divorce or damages claims or if there are complaints about criminal cases.

I'm saying this because I cant help wondering if Moi Ali's office is being misused by criminals banged up by the courts who feel a bit miffed at what the judge said to them after they were found properly guilty of committing crimes or if it involves the time waster fantasist brigade out to have a pop at anyone who does not comply with their own agenda.

Also if you look at the numbers of complaints received by her office it is very small compared to the numbers of cases in the system.Is this all really worth £209 a day to taxpayers?You decide!

I'm saying this because I cant help wondering if Moi Ali's office is being misused by criminals banged up by the courts who feel a bit miffed at what the judge said to them after they were found properly guilty of committing crimes or if it involves the time waster fantasist brigade out to have a pop at anyone who does not comply with their own agenda.

Also if you look at the numbers of complaints received by her office it is very small compared to the numbers of cases in the system.Is this all really worth £209 a day to taxpayers?You decide!

I cannot find the story on the Sunday Mail/Daily Record website so will have to make my point here.

The article is very good and illustrates the problem we have here which is the [not unexpected] arrogance of the judiciary versus the stupidity or perhaps more aptly false promises of the Scottish Government with regard to complaints made against the judiciary.

I will explain what I am trying to get at;

Here we have Scotland's judges (who anyone who has ever had anything to do with the courts knows are a law unto themselves) resisting outside scrutiny of complaints and on the other hand the Scottish Government who as someone said earlier are unfairly raising the hopes of people with complaints against a judge by creating a "Complaints Reviewer" (note MacAskill cant even be bothered to call the JCR a regulator) with no powers at all.Zero.

This is most probably just a position created by the Justice Secretary to tell people who write to him there is another lawyer of bureaucracy in the complaints scam which offers people a tantalising prospect of having decisions changed.Guess what?Moi Ali has not had one complaint turned around yet and by the sounds of the Sunday Mail story she isn't likely to anytime soon.

No doubt some of you are thinking Lord Gill should resign.Well what is the point really?If Gill were to stand outside Parliament Square and hand out fivers to passers by we'd think he was doing it for personal gain, in short we expect judges to be arrogant,secretive, unaccountable and only to come out of the woodwork to voice their opinions or do something in their own favour because this is their nature.On the other hand,politicians need our votes,promise the earth,never deliver and instead give us false hopes via all these Ombudsmen or statutory regulators that have no powers at all.

My conclusion is both are as bad as each other and they know it.

Lastly,I see Gill rejects your Register of Interests petition.I am not surprised.They have something to hide yet force us to tell all in court.If we lie about our finances it could be a prison term yet they have no need to tell us what they do to earn money in their spare time.

Well Gill is a lot better off than most pensioners I know.He is 70 and getting £214,165 a year,probably owns his own home and more so what is he complaining about and why so much resistance to your petition of interests?

You just need to turn on the news or read the papers to see pensioners dying in their own homes because no money to use the heating or buy food and no one who cares about them at all.Shocking isnt it and if you ask me he is more worried about your petition than the complaint review.

Just what we expected from a man who's inaction on his own Civil Courts Review nails his anti client prejudice to the mast. Protecting the public would destroy their ££££££££££££££££££££££££££££££ mother-lode.

Government's sole purpose is safeguarding the family and their inherent, inalienable rights; each societal institution that does not benefit the nation is illegitimate — especially monarchy and aristocracy. And we now add the judiciary who use us as they see fit. Who do you think you are Brian Gill? You have not been elected so how can you have legitimacy? John Locke argued government that abused the people must be removed. You are a judicial oligarch secretive and unaccountable. Your group are a product of judicial evolution who decided to build in protection systems, Plato called them secret societies to cover your crimes [your Law Society], your Judicial anachronism cannot and will not continue.

The call for a register has also been rejected by the Law Society of Scotland.

Well what a surprise there!

The top organisation of ratsh*t in Scotland rejects a register of interests for judges who usually hold lifetime membership of the Law Society.Just imagine if a judge has to declare he is or was a member of the Law Society every time someone has to sue a lawyer in court!

Perhaps if the whole thing had been done above board and with a wider remit,staff and appointments this Judicial Complaints Reviewer will sound the part but no and to make matters worse she is sharing office space with that other walking abortion of a regulator the Scottish Legal Complaints Commission!

This could stir up a real hornets nest!Carry on!

11 February 2013 22:50

I agree,deffo something odd about all this and no MacBuckfast supporting his Judicial Complaints Reviewer almost like she's been left out in the cold with no typewriter or office chair!

Sure shows the other side of the SNP how they treat their supposed friends!

Lets face it,the lawyers are basically not regulated at all so we shouldn't expect any different with the judges.This is what we get when we allow professions to self regulate or bully us into believing they are above the people who pay their salaries and the laws they claim to serve.

I don't think there is any doubt that the SNP made a political appointment when it chose Ms. Ali to be the Judicial Reviewer.

However that alone is not reason for the Lord President to be obstructive. Rather, as there is no guarantee that the SNP will be voted back into office next time around, the motivation seems to be clear as is the message to all - Hands Off!

Yes it would be interesting to find out more about these complaints and what the judges were really up to.Any chance of this getting out or is it up there with state secrets and a 1000 year rule or something like that?

Scotland's Judges have secret criminal records, massive wealth, unchecked influence, & murky investments along with connections to offshore tax havens, all of which go undeclared as there is no register of interests for the judiciary.

Gill is horrified because he knows they are criminals and uses secrecy to hide their criminal activities.

So, The Lord President is a bold liar and the Judicial Office for Scotland crew are also liars?

There are ZERO reasons to prevent a register of interests of judges coming into fruition and the very fact they are trying to delay its adoption is at best dishonest and at worst potentially a criminal act?

Get rid of them all in one foul swoop and banish them from ever holding a Public position again and without the big fat pension pay-off to boot?

MacAskill to Gill, 'Yes, I will arrange for a wee girl to be a judicial complaints reviewer but we will stick her out of the way, give her no support and basically just ignore her and undermine her at every opportunity. That way the heat will be taken of you guys and you can still continue on as per normal and nobody needs to know any different. Sound like a plan?'

Anonymous said...Ali also voiced concerns that judges being investigated could evade punishment by quitting before the probe is complete.

DUH!

Doctors,Civil Servants,Police,just about anyone who works in the public sector gets away with this all the time so not really as big a deal as Ali makes out (even though it should be a big deal of course)

11 February 2013 22:10\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\

You are obviously joking aren't you?

There is one MASSIVE difference between doctors, civil servants, police (not any more after today) and other workers in the civil service getting away with it?

That is, that Judges MUST maintain the HIGHEST STANDARD OF CONDUCT POSSIBLE (i.e Above Reproach) at all times and that this is deliberately set at such a high standard, so that it is higher than anyone else in Society?

The burning question has to be when did the standards slip to such an extent that Scottish Judges cannot be trusted to submit to a Registers of Their Interests on a voluntary basis without doing so by scratching, kicking and protesting?

Anonymous said...So,the last time judges went against the MacAskill line (HMA v Cadder and the Nat Fraser case) we had Salmond,MacAskill & co slating the judiciary to spectators at the Edinburgh Festival but I dont see any outraged MacAskill this time around.

Could it be this is an SNP plot to remind the judiciary they are in charge and rule in favour of wee MacHaggis pretendy Government policy all the time?

Even with the lack of reforms from the Civil Courts Review and you are correct to constantly hammer away at this point,surely you have to admit there is something overtly political about all of this and perhaps Gill is right not to let Moi Ali and the rest of the SNP clan in on the inner workings of the judiciary.

All that aside I like your idea of a register of interests for judges!

11 February 2013 22:39----------------------------------

Bullshit.

Reason Gill has been transformed from a Scottish Lion to a scabby moggy is that he is still recovering from the wedgy he got from his judgy pals after submitting his judicial recommendations to improve things?

Perhaps if the whole thing had been done above board and with a wider remit,staff and appointments this Judicial Complaints Reviewer will sound the part but no and to make matters worse she is sharing office space with that other walking abortion of a regulator the Scottish Legal Complaints Commission!

This could stir up a real hornets nest!Carry on!

11 February 2013 22:50???????????????????

So, technically Ms Moi is under the direct control of the Law Society of Scotland (SLCC?)

Anonymous said...Thanks to the earlier comment I found this - http://petercherbi.blogspot.co.uk/2011/08/old-pals-act-macaskill-appoints-snp.html

"This is a new appointment, established by the Judiciary and Courts (Scotland) Act 2008 to review, when asked, the handling of a complaints investigation into members of the judiciary, to ensure that it has been dealt with in accordance with the Complaints about the Judiciary (Scotland) Rules 2011. The Reviewer has no powers to consider the merits of any complaint or the disposal of the complaint. The appointment will be for a period of three years from 1 September 2011 to 31 August 2014, and will be paid a daily fee of £209. The appointment has been made with the approval of the Lord President."

Why create a job at £209 a day with the approval of the Lord President when the position "has no powers to consider the merits of any complaint or the disposal of the complaint."

Bit of a waste of public funds surely and even worse it unfairly raises the expectations of people making complaints..

Anonymous said..."For the record, Rosemary Agnew, the Scottish Information Commissioner was made aware of the Scottish Government’s refusal to answer any Freedom of Information requests relating to the Judicial Complaints Reviewer during 2012 and the SIC were copied in on the relevant FOI requests made to the Scottish Government at the time."

and she intends to do something about it or not?

Clearly an organised Scottish Gov abuse of Freedom of Information going on here and nothing from the Scottish Information Commissioner?

Very poor show all round no wonder there are stories beginning to appear in the press about Scots not being popular around the world due to the way we allow our politicos and lawyers to run and ruin us as well as all this independence crap hey ho the rest of the word have discovered Scotland is NOT the best wee country in the world after all http://www.heraldscotland.com/comment/bloggers/have-the-scots-become-unpopular-or-is-it-just-me.2013022111

Anonymous said...Her lack of administrative support was also highlighted - on her first day, she did not have a computer, printer, phone, email address or stationery - and she said it meant she was "unable to give the level of service that I would like to provide".

How did Ms Ali feel about her lack of admin support from the man who gave her the job?

What a joke!

12 February 2013 09:10xxxxxxxxxxxxxxxxxxxxxx

Something not quite right about this story...

Ms Moi works at the Office of the SLCC right?

Well surely there must be loads of free desk space, free computers and umpteen phones who no longer have an owner, due to the massive slump in the number of cases being reported to the SLCC now as the penny has finally dropped that they are a bunch of crooks?

Anonymous said...Clearly Scotland’s judiciary have operated in a closed world for too long, and have become used to writing their own rules, and living above expectations of transparency which the rest of us – even the Prime Minister, have to adhere to.

Good point and also good luck for your register of interests petition.This should be made law immediately and stuff the judges worries about the media getting hold of their financial interests!

12 February 2013 10:16@@@@@@@@@@@@

Why on earth would the Judges be worried about the press finding out about where their financial interests lie?

"This is a new appointment, established by the Judiciary and Courts (Scotland) Act 2008 to review, when asked, the handling of a complaints investigation into members of the judiciary, to ensure that it has been dealt with in accordance with the Complaints about the Judiciary (Scotland) Rules 2011"

Welcome to the world of badly written SNP legislation voted through by clueless people who are not fit to be local councillors or elected representatives to a 'national' parliament.

12 February 2013 10:56££££££££££££££££££££

Watch the magicians other hand.....

Could this be a set-up to take away from the corruption at the Crown Office's Director of National Casework Division, who is normally tasked with getting Judges/ Sheriff's off Scot-Free (err investigating complaints against Judges/ Sheriffs)?

Anonymous said...I'm saying this because I cant help wondering if Moi Ali's office is being misused by criminals banged up by the courts who feel a bit miffed at what the judge said to them after they were found properly guilty of committing crimes or if it involves the time waster fantasist brigade out to have a pop at anyone who does not comply with their own agenda.

Also if you look at the numbers of complaints received by her office it is very small compared to the numbers of cases in the system.Is this all really worth £209 a day to taxpayers?You decide!

Anonymous said...I cannot find the story on the Sunday Mail/Daily Record website so will have to make my point here.

The article is very good and illustrates the problem we have here which is the [not unexpected] arrogance of the judiciary versus the stupidity or perhaps more aptly false promises of the Scottish Government with regard to complaints made against the judiciary.

I will explain what I am trying to get at;

Here we have Scotland's judges (who anyone who has ever had anything to do with the courts knows are a law unto themselves) resisting outside scrutiny of complaints and on the other hand the Scottish Government who as someone said earlier are unfairly raising the hopes of people with complaints against a judge by creating a "Complaints Reviewer" (note MacAskill cant even be bothered to call the JCR a regulator) with no powers at all.Zero.

This is most probably just a position created by the Justice Secretary to tell people who write to him there is another lawyer of bureaucracy in the complaints scam which offers people a tantalising prospect of having decisions changed.Guess what?Moi Ali has not had one complaint turned around yet and by the sounds of the Sunday Mail story she isn't likely to anytime soon.

No doubt some of you are thinking Lord Gill should resign.Well what is the point really?If Gill were to stand outside Parliament Square and hand out fivers to passers by we'd think he was doing it for personal gain, in short we expect judges to be arrogant,secretive, unaccountable and only to come out of the woodwork to voice their opinions or do something in their own favour because this is their nature.On the other hand,politicians need our votes,promise the earth,never deliver and instead give us false hopes via all these Ombudsmen or statutory regulators that have no powers at all.

My conclusion is both are as bad as each other and they know it.

Lastly,I see Gill rejects your Register of Interests petition.I am not surprised.They have something to hide yet force us to tell all in court.If we lie about our finances it could be a prison term yet they have no need to tell us what they do to earn money in their spare time.

Go for it Peter and get that petition into the law books!

12 February 2013 14:07ZZZZZZZZZZZZZZZZZZZ

Wake up and smell the haggis?

This IS a cosy wee arrangement between MacAskill & Lord Gill precisely to ensure that exactly NOTHING is done to scrutinise the Judges?

It is a phoney bone of contention that the Judges are at odds with the politicians...?

They want you to believe there is tension between them, that they are at opposite ends of the spectrum and that the politicians are seeking to erode the independence of the Judiciary...?

Piffle.

They are both as thick as thieves and and the Scottish Judiciary can be made to act as a tool for the Government when circumstances permit (Lockerbie springs to mind, Hollie Grieg etc)

Anonymous said...Well Gill is a lot better off than most pensioners I know.He is 70 and getting £214,165 a year,probably owns his own home and more so what is he complaining about and why so much resistance to your petition of interests?

You just need to turn on the news or read the papers to see pensioners dying in their own homes because no money to use the heating or buy food and no one who cares about them at all.Shocking isnt it and if you ask me he is more worried about your petition than the complaint review.

12 February 2013 16:30£££££££££££££££££££££

Possibly more shocking if it came into the Public Domain that our Judges have been at it behind the scenes?

Basically, to hold an Office of the Highest Esteem you must act always in the Interest of the Public before your own pecuniary interest?

On this most fundamental job specification Lord Gill has failed miserably and the evidence of his actions has been to act partially to protect the interests of himself and his fellow Judges and in doing so has completely ignored his duty to the Public by demonstrating questionable judgement?

His position as Lord President is now untenable and if he was any sort of an honourable man he should demit Office with immediate effect, without picking up a windfall as he passes GO?

Scotland could do with less TAKERS and with more people who are willing to serve the Public?

He said details held on a register could be abused by "aggressive media or hostile individuals, including dissatisfied litigants".=================================="Dissatisfied litigants" and this man said his profession was failing society, your review implied people were dissatisfied with the civil legal system. You will never implement your review Mr Gill, but we know what you all are, committed to protecting yourselves and you are totally blind to the long term consequences of spreading public mistrust. The judiciary are not fit for purpose because through secrecy judicial crimes are covered up. I do not trust you Mr Gill.

Are these people guilty of hate crime against clients? I believe they are. The freezing of Mr Gordon of Perth's disability benefits certainly was intended to starve him. This must be violating human rights. Care to comment Lord Gill, how would you like to be treated in this way? Starving clients is routine and you know it.

Report reveals Lord President Lord Gill ‘froze out’ Judicial Complaints Reviewer. As secret as SOE during WWII. Well he and his profession are masters of freezing victims of judicial crime out of the courts. Total domination through secrecy is what this man wants. Where is your money hidden Lord President? Offshore accounts, linked to big business. I think you have a lot to hide.

These people are the law, does not matter what is written in books. They bend everything to suit themselves. I could not take legal action against any lawyer because the law means nothing because no lawyer would take my case [enforce my rights] against the profession. This arrangement lawyers made [not the public] and their festering protection [so called complaints system] ensures repeatedly ruined clients.

If a member of the public had their car stolen and the Police protected the thief private property could be taken from the owners at any time. This analogy is what the Law Society stand for. Their job is to protect lawyers. Self regulation is no policing, your lawyer will ruin and keep his job.

'The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness'.

Niels Bohr

'They work in secrecy. I can't get any information. You can't find out anything. They're a closed corporation. When they stick together, you can't obtain legal rights. Secrecy is the foundation of their corrupt self regulating power.

The Government is taking emergency action after the Court of Appeal ruled that flagship back-to-work schemes are legally flawed.

Three judges quashed regulations underpinning the schemes, which are condemned by critics as "slave labour" because they involve work without pay - but are seen by supporters as a good way of getting the unemployed back into the world of work.[[[[[[[[[[[[[[[[[[[[[[[[[[[The judiciary and government are meant to be seperate. But if judges stop ministers eg David Blunkett's policy of holding lorry drivers responsible for illegal immigrants who polices the judiciary. Who polices the activities of the UK Law Societies? Lawyers enforce rights but they are selective. This corruption must stop.

The judicial oath Lord Gill is talking about is to be quite frank,a lot of bollocks.

Politicians,Police,just about everyone who is anyone has to sign something or adhere to a set of rules and at the same time declare what interests they may have in any given scenario (you only need to look at what was and still is happening in Edinburgh City Council to see what the failures to declare have done in the property depts such as staff basically being on the payroll of crooked builders & other contract bidders) so Lord Gill if you want to give the appearance of being honest as well as actually being honest I suggest you act on Mr Cherbi's register of interests instead of hiding behind an oath no one outside your judicial bubble believes in.

A Judicial Office for Scotland spokeswoman said: "In the short time the JCR has been in the post, we have worked very closely with Ms Ali in implementing, developing and reviewing the rules and how they are applied.

"With any new system, there is always a period of adaptation and adjustment and we are grateful to Ms Ali for the helpful suggestions and recommendations she has put forward and which, for the most part, have been implemented.

"A review of the rules is due to take place shortly and the Lord President is committed to working constructively to ensure the complaints procedure develops effectively."

So,nothing will change.Bravo Herr judges.Way to go to make the Scots justice system even more Victorian than you already said it is!

She said: "With any profession, there's a feeling that regulation should come from within. "But this is the first time that the judiciary have been exposed to this kind of scrutiny, which other professional groups are more used to. "Most have accepted there is some kind of mechanism to scrutinise their conduct. That doesn't mean that we don't have a free and independent judiciary."

The Lord President and his pals in the judiciary clearly don't agree with you.

So for starters how about asking the man who gave you the job (Kenny MacAskill) to give you statutory powers and ones you can actually use to enforce decisions rather than having no powers like present?

Hardly the reformer to bring the Scottish Justice System into the 21st century.================================He is a lawyer and reforms for clients means less money for his secret network. Lord Gill high protector of Scotland's mendacious self regulating corrupt legal profession. We knew he was never going to help clients, he can but will not reform such a protected band of thieves. Shame on you Brian.

Anonymous said...The judicial oath Lord Gill is talking about is to be quite frank,a lot of bollocks.

Politicians,Police,just about everyone who is anyone has to sign something or adhere to a set of rules and at the same time declare what interests they may have in any given scenario (you only need to look at what was and still is happening in Edinburgh City Council to see what the failures to declare have done in the property depts such as staff basically being on the payroll of crooked builders & other contract bidders) so Lord Gill if you want to give the appearance of being honest as well as actually being honest I suggest you act on Mr Cherbi's register of interests instead of hiding behind an oath no one outside your judicial bubble believes in.

13 February 2013 15:17SSSSSSSSSSSSSSSSSSSS

If Lord Gill was genuine about reforming Scotland's Victorian judicial system then he would employ Peter Cherbi as his reformer and chief and give him the power to hire and fire according to standards?

Then in one foul swoop Scotland could rid herself of these back biting blood sucking legal parasites?

Once Scotland is Independent (the vote will be fixed just like the last one was....) can we finally get rid of Guy Fawkes day on November 5th and instead can a real crooked lawyer be impaled on top of the pyre?

What a sinister group lawyers are. Secrecy and justice are not the same. Where secrecy exists justice is twisted and perverted to benefit those who operate in secret. Lord Gill is sending out the wrong message and that is don't trust us.The Lord President of Secrecy.

If the police are not coming to help the People of Scotland should a People's Court not be instituted to deal with crimes and misdemeanours, where judges/sheriffs are ignored and usurped because they have failed to show that they are impartial and that they have failed to act in the interests of the People of Scotland?

We cannot continue to allow a situation where criminals are passing themselves as judges/sheriffs and where Scottish lawyers are allowed to be totally above the law?

I would have more confidence in the considered judgement of a man off the street rather than trusting a Scottish judge/sheriff who is only interested in nepotism and filling their boots, who look down on members of the public?

This revelation shows that Lord Gill was deceiving the People of Scotland regarding his platform for change to modernise the judicial system?

The Courts have had a digital sound and recording system installed in each court room for over a decade but it remains always SWITCHED OFF because they do not want the public (plebs) to know what goes on in a court room and God forbid the public get a recording of what was said and agreed?

A big thank you to all of the lads and lasses at Diary of Injustice. You are doing a marvellous job for the people of Scotland. Please continue to portray the high standards of integrity and selfless reporting. You are all a credit to yourselves, Scotland and the journalistic profession.

The fact that judges have refused to be open and transparent about their activities means that they are in default and are no longer considered suitable for the job that they are doing and in doing so they have broken their contract of employment and should be sacked on-the-spot?

It is inconceivable that Scotland could become an independent country when at its core the senators of Justice act in a way that is incompatible with truth and justice?

The judicial oath Lord Gill is talking about is to be quite frank,a lot of bollocks.---------------------------------Well said does he think we are fools? Oaths are bullshit. Nothing to do with honesty and integrity.

How are you getting on with the foi part of it?Surely the Info Commissioner must be looking into this along with all the other abuses of foi the Scottish Government are now doing against foi requests (I've had 4 failed to reply in the past year and all relate to legal issues also)

'What force or guile could not subdue, Through many warlike ages, Is wrought now by a coward few, For hireling traitor's wages'.

Robert Burns

Justice goes to the highest bidder, the coward few dominate by bureaucracy. The coward few will lock you out of our courts, for financial reward and protection of reputations. Your motives are for you and your lawyers protection.

The Judicial Office for Scotland spokeswoman should have said "Lord Gill wants no scrutiny of any lawyer in Scotland, especially himself. The legal system is unjust and draconian and we are going to keep it that way because it's worth millions of pounds to us. You should all learn your place. We are not answerable to you plebs.

This is what they really mean and believe but cannot say that. You are fooling no-one Mr Gill.

OK, so we all now know there are some Judges / Sheriffs who are convicted criminals?

This material fact is proof that these convicted criminals have shown that they have a warped sense of judgement and accordingly have disqualified themselves asa fit Judge / Sheriff?

But wait, their gambit was if they do not tell the Public that they are criminals the Public will never find out and they can continue business as usual (filling their boots)?

This shows a further remarkable lack of good judgement?

But their worst nightmare has happened and it has been leaked to the Public that criminals are passing themselves off as Judges / Sheriffs?

Now we have the unpalatable fact that ALL of the cases presided over by these crooks MUST be ANNULLED?

So, this deceit will potentially fall upon the tax-payer......but no, the reality these crooks would be sued by the State, which is another reason why the have kept this secret because it would hit them in their pocket as well as hit their salary & fat pension?

Now, finally we come to the rest of the Judges & Sheriff's who have wilfully kept silent and not reported their colleagues fraud to the Police and the prosecutorial service who knew exactly who was convicted and that they continued unabated.

All should be sued, as they have committed treason against the State, should be jailed and a new group of Public Spirited people with morals should be drafted in?

This is a very interesting blog and I have to say even though you are writing about events in Scotland the information here is very much relevant here in the U.S. and probably many other countries.For example the register of interests idea should be made compulsory for all judicial members and their co-workers.Keep up the good work Mister Diary of Injustice in Scotland!

FYI there is an unwritten rule if a member of the judiciary is stopped by Police the most senior of the two have to call the station on their own phone and obtain advice

In the three cases of this I am aware of (all drunk driving) none of the judges were charged.The one who was three times over the limit was driven home in his own car by a colleague after being told to do so by an Inspector.Perhaps your friends at the newspaper will be able to track this one down if you leave my comment up.

The lawyers detest the public, and they are drunk on power. The problem of power is how to achieve its responsible use rather than its irresponsible and indulgent use - of how to get men of power to live for the public rather than off the public.

How do the public legally act against Lord Gill? Through the Scottish Parliament? Pointless. Ask a lawyer to challenge him? Pointless. Through the press, good on the Sunday Mail and DOI.

This man [that's all he is] has a mind brainwashed with self regulating ideology, in that he will not consider his public image. He is also an affront to power because he believes he has every right to keep his interests [which affect the public, secret]. He is wrong. Their hidden interests affects court users so the latter have the right to know. Is he a hidden director of business, [ie a shareholder] acting against party litigants with "legitimate claims" his words not mine. Power devoid of scrutiny corrupts. This profession who shut those they see as a threat out of the courts, by this act are criminals. When Gill was climbing the ladder he would have repudiated clients ruined by other lawyers. They are all the same dictators operating in secrecy.

Anonymous said...The Judicial Office for Scotland spokeswoman should have said "Lord Gill wants no scrutiny of any lawyer in Scotland, especially himself. The legal system is unjust and draconian and we are going to keep it that way because it's worth millions of pounds to us. You should all learn your place. We are not answerable to you plebs.

This is what they really mean and believe but cannot say that. You are fooling no-one Mr Gill.

Anonymous said...How do the public legally act against Lord Gill? Through the Scottish Parliament? Pointless. Ask a lawyer to challenge him? Pointless. Through the press, good on the Sunday Mail and DOI.

This man [that's all he is] has a mind brainwashed with self regulating ideology, in that he will not consider his public image. He is also an affront to power because he believes he has every right to keep his interests [which affect the public, secret]. He is wrong. Their hidden interests affects court users so the latter have the right to know. Is he a hidden director of business, [ie a shareholder] acting against party litigants with "legitimate claims" his words not mine. Power devoid of scrutiny corrupts. This profession who shut those they see as a threat out of the courts, by this act are criminals. When Gill was climbing the ladder he would have repudiated clients ruined by other lawyers. They are all the same dictators operating in secrecy.

15 February 2013 13:48nmnmnmnmnmnmnmnmnmnmn

Good point, well made.

These 'BORROWING WITHOUT CONSENT' brigade feel as though they stand OUTWITH THE LAW....that the Law is for the plebs not for them?

The sanity and decision making judgement of these loons must be terrible if they thought for one single minute that in the 21st century that they could say to the General Public, look it is alright, you can trust us because we are Judges?

Especially, when the lid is being lifted in all aspects of Society as a result of the inability of criminals to keep their secrets safe in the climate of Social Media Networks, which are exposing criminals in positions of authority and power in all areas of Society?

Why else do they want to curtail free speech (they claim it is to protect others), which has the effect of turning the tables on them and calling them out of their criminal regimes?

How can we trust a Lord President who said he would change and update Scotland's Judiciary, then when the first glaring instance of endemic intransigence comes to light, he immediately defaults to protect the status quo and battens down the hatches in their bunker at even the slightest criticism of this antiquated regime?

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Crown Corrupt - Prosecutors criminal convictions revealed

Exclusive Report: Documents obtained by the Scottish Sun newspaper reveal Prosecutors based at Scotland’s Crown Office & Procurator Fiscal Service (COPFS) have been charged with a string of criminal offences over crimes ranging from violence to misuse of drugs, making threats and offences against Police Officers.

Crown Office Jet Set Prosecutors air travel junkets revealed

Exclusive Report: Prosecutors based in Edinburgh at the Crown Office & Procurator Fiscal Service (COPFS) - are now spending as much time in the air jetting between international destinations than chasing some of Scotland’s biggest crooks, tax dodgers, gangsters & serial offenders.

Documents obtained by the Scottish Sun newspaper show Lord Advocate, Frank Mulholland and his team of staff jetting off to 39 international destinations including Hong Kong, Mauritius, Taiwan South Africa, Australia, Malta, San Francisco, and New York – all visited by Crown Office employees on taxpayer funded air junkets. Read more here: CRIME FLIES: Crown Office jet set junket racket

The proposals, backed by cross party MSPs during a debate in the Parliament’s main chamber on 9 October 2014 - Debating the Judges - call for the creation of a publicly available register of judicial interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

UK consumers want independent regulation of lawyers

Media Report: RESEARCH conducted by the Solicitors Regulation Authority (SRA) – the body charged with investigating solicitors in England & Wales, shows there is strong support in the rest of the UK for a move to make the SRA fully independent of the Law Society of England & Wales.

Law & Disorder - Law Society self regulation protects solicitors

Crime Society: The powerful Law Society of Scotland – the lawyer’s trade union body which controls self regulation of Scottish solicitors – is facing calls to be stripped of any role in regulating the legal profession.

The Scottish Sun’s The Big Read: Law and disorder reports: CRITICS are calling for an end to the secretive “old boys’ club” which sees Scots lawyers police themselves. It took the Law Society of Scotland four years to give police details of its probe into an alleged mortgage fraud linked to solicitor Christopher Hales and MP Michelle Thomson. But legal experts insist this would not have happened if we had the same system of outside supervision that operates down south.

A new Lord President: Selecting a top judge for Scotland

The position of Lord President – with a salary of £220,655 a year, including perks, international travel and unrivalled power to challenge even the Scottish Parliament - is responsible for leadership of the entire Scottish judiciary in addition to chairing the Board of the Scottish Courts and Tribunals Service. The Lord President is the most senior judge in Scotland, with authority over any court established under Scots law, apart from the Supreme Court of the United Kingdom.

In response to questions from MSPs, JCR Gillian Thompson said: “I do not see that there is a reasonable argument to be made against people who are in public service—I might go further and say, in particular, people who are paid by the public pound—providing information, within reason, about their other activities.” Facing further detailed questions from the committee, JCR Gillian Thompson remained of the view judges should declare their interests including business activities, shareholdings and more – in a publicly available register of judicial interests.

Scotland's first Judicial Complaints Reviewer supports creating a register of interests for judges

The top judge came unstuck after he opposed the declaration of judicial interests, wealth & connections to big business. Prior to retirement, Gill waged a bitter two year battle with Scottish Parliament MSPs who are investigating proposals to create a register of judicial interests.

Wolffe Hall: Parliament House land titles lost to Faculty of Advocates

Media Report: Aninvestigation has revealedParliament House – the seat of power for Scotland’s judiciary and the nation’s highest, most expensive, elusive and pro-big business courts – has been lost to Edinburgh City Council after it was revealed Scottish Ministers gifted the land titles to the Faculty of Advocates after a £58m public funded refit of the sprawling court complex. Media attention to the land grab and questions in the Scottish Parliament have prompted Edinburgh City Council to demand the courts be returned to public ownership.

In a speech to the Commonwealth Law Conference 2015 in Glasgow, Lord Gill went on to joke about protesters being lucky they are not dragged away by Police. Gill took further shots at politics, judicial independence and democracy before fleeing the legal gathering with Lord Neuberger and other judges after they learned Wikileaks founder Julian Assange was booked to speak at the event.

Revealed: The bank of Scottish Legal Aid

Revealed: TIMES ARE TOUGH but not for Scotland’s legal profession as it was revealed the Scottish Legal Aid Board handed over more than One Billion Pounds of public money to lawyers since the 2008 financial market crash. The Billion pound Bank of Scottish Legal Aid is there to help out Scotland’s ‘struggling’ lawyers looking for a second car, fishing rights, sending kids to posh private schools, or a third buy-to-let property. Scottish Legal Aid figures paid to lawyers since 2008 reveal: 2013-14 £150.5m, 2012-13 £150.2m, 2011-12 £150.7m, 2010-11 £161.4m, 2009-10 £150.5m, 2008-09 £150.2m, 2007-08 £155.1m, total: £1.06Billion (£1,068.6m)

Scottish Parliament debate urges support for register of judicial interests

Media ReportMSPs overwhelmingly support a petition urging the Scottish Government to give further consideration to a register of interests for judges. The 90 minute debate, held on Thursday 09 October 2014 in the Scottish Parliament’s main chamber saw msps criticise Scotland’s secretive judges who refuse to disclose their hidden wealth, secret links to big business and even criminal records. Read more about the proposals for judicial transparency put forward in Petition PE1458: Register of Interests for members of Scotland's judiciary and watch video clips of MSPs debating a register of interests for judges at InjusticeTV. The official report of the debate including video footage of each MSP who spoke can be found here: Debating the Judges

Revealed: Judges International travel junkets & state visits

Exclusive Report: JET-SETTING judges spent £26,000 of taxpayers' cash on overseas trips last year, a Scottish Sun on Sunday investigation can reveal. Top beaks flew out to destinations including Russia, Israel, Switzerland, Germany, France, Bulgaria, Lithuania and Qatar. The most expensive was a £5,800 trip to Canada by Scotland's second most senior judge, Lord Carloway. Lord Gill - who is the Lord President - also spent five days on a £2,800 trip to Doha, Qatar, where he gave speech on judicial ethics.

Judicial Rich-List reveals Judges financial links to crime companies

Exclusive Report: DISCLOSURES of judges personal shareholdings obtained under Freedom of Information legislation from the Scottish Court Service reveal a startling snapshot of the wealth of several key members of Scotland’s judiciary who sit on a powerful quango which controls Scotland’s courts. The declarations of the seven judicial members of the Scottish Court Service Board – including Scotland's top judge, the Lord President & Lord Justice General Brian Gill who earns £220K a year - reveal judges benefit financially from shareholdings in companies who provide services to the courts & justice system, companies convicted of criminal offences & involvement in ‘industrial’ espionage against China, banks fined for international financial market manipulation, and companies involved in bribes, bid rigging, and tax dodging.

Revealed: Top judge forced to recuse over relative in court

Exclusive Report: SCOTLAND’S top judge, the Lord President Lord Brian Gill has been forced to stand aside from hearing an unidentified case in the Court of Session because a relative who turned out to be Brian Gill jr, one of Lord Gill’s sons, represented a party involved in the court action which court officials are keeping secret.

Judge invests in bribes scandal companies

Exclusive Report: An investigation by the Scottish Sun on Sunday newspaper has revealed a top judge holds shares in a firm hit with a £13.9million proceeds-of-crime bill for bribing Saddam Hussein's regime,The Scottish Sun on Sunday can reveal. Sheriff Principal Alastair Dunlop 62, has a stake in Glasgow based Weir Group, hammered in 2011 for paying kickbacks to land contracts in Iraq. He also has shares in mining giant Rio Tinto, whose executives admitted bribery in China four years ago. A Holyrood committee is considering proposals that would require judges and sheriffs to publish their outside interests, including details of their finances, reported here: A Register of Interests for Scotland's Judiciary

Judges reveal conflicts of interest

Exclusive Report: The Sunday Mail newspaper reports Scotland's judges are coming clean when they have to step away from court cases because of a conflict of interests. Scotland’s top judge has decided that for the first time the public can see online why judges and sheriffs have stood down from hearing criminal trials and civil actions. It comes after the Sunday Mail told of MSPs' anger that the Lord President Lord Gill had dismissed calls for a judicial register of interests and snubbed invitations to discuss his position at a Holyrood committee, reported in previous coverage here: A Register of Interests for Scotland's Judiciary

Judges interests & shareholdings revealed

Exclusive Report: An investigation by the Sunday Herald newspaper reveals a senior sheriff presided over a court hearing involving Tesco at the same time as he held shares in the multi-national supermarket giant. Sheriff Principal Dunlop QC did not absent himself because having shares in a company that is party to a court action does not require a member of the judiciary to step down from a case. A Holyrood committee is considering proposals that would require judges and sheriffs to publish their outside interests, including details of their finances, reported in previous coverage here: A Register of Interests for Scotland's Judiciary

Top judge in private meeting on judicial transparency petition

Media Report: Top judge Lord Gill met petitions committee members behind closed doors to discuss Petition PE1458: Register of Interests for members of Scotland's judiciary and conflict of interests, but no minutes were taken. The Sunday Mail reports Scotland’s top judge met two MSPs in private after twice snubbing requests to give evidence in front of their committee. The judge is opposed to the transparency call and has previously refused invitations to attend the Scottish Parliament and face questions in public on his opposition to judicial transparency and the creation of a register of judicial interests. More on the debate on judge’s interests can be viewed here : A Register of Interests for Scotland's Judiciary

Small concession offered by top judge as calls grow for judicial transparency

Judges should not be above scrutiny

Media Editorial: The Sunday Herald newspaper says in an editorial Judges should not be above scrutiny. The Lord President, who is the country's top judge, is against requiring his colleagues to list their financial interests (as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary) but he seems to have recognised political concerns about a lack of transparency.To this end, he is investigating the possibility of compiling a register of "recusals", which means examples of judges ceasing an interest in a court case due to a perceived conflict. More on the debate on judge’s interests can be viewed here : A Register of Interests for Scotland's Judiciary

Scotland’s top judge takes anti-transparency position on proposal for judicial interests register

Lack of judicial transparency - No justice if it cannot be seen

Media Editorial: The Sunday Mail newspaper says Senior judge's refusal to give evidence to MSPs shows a lack of transparency, says Mail Opinion on calls for judicial transparency in Petition PE1458: Register of Interests for members of Scotland's judiciary. It was an opportunity for Scotland’s top judge to go to Parliament and talk about how our legal system works and might work better. It would have added, as the public relations executives and politicians like to say, a little transparency. Instead, his refusal has only hardened the suspicion that our judges live and work in a bubble smelling of horse hair wigs, vintage port and even more vintage attitudes. More on the debate on judge’s interests can be viewed here : A Register of Interests for Scotland's Judiciary

NEWS SPECIAL: Coverage of the Annual Report 2012-2013 of Scotland’s Judicial Complaints Reviewer reveals Scottish judges are slammed for secrecy, anti-transparency views & how they investigate complaints against other judges.Moi Ali, appointed by the SNP’s Justice Secretary as Scotland’s first Judicial Complaints Reviewersaid: “I think fundamentally the problem is the legislation. “The way it’s created, it’s about self- regulation so you have judges judging judges’ conduct. There isn’t really an independent element.”. Read more HERE

REVEALED : Scotland’s Judicial Complaints Reviewer gave evidence to MSPs at the Scottish Parliament stating her office has no powers to properly investigate complaints against Scottish judges and that the judicial office regularly block access to files and information relating to complaints. In England & Wales, it is done very differently. Read more HERE

EXCLUSIVE REPORT: Scotland’s judiciary are refusing to cooperate with the independently appointed Judicial Complaints Reviewer over complaints made against Scottish judges. Scotland’s top judge also stands accused of regularly blocking independent access to key documents relating to allegations made against judges. Read more HERE

Scotland's top judge objects to Holyrood transparency call for a register of judicial interests

Exclusive Report : Scotland’s top judge Lord Gill claims judges are exempt from declaring their full financial & other interests as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary A register could be created by the Scottish Parliament or by the Judicial Office for Scotland, which incorporates the Lord President’s office. Typically, such registers reveal details of hospitality, gifts, property ownership, shareholdings and personal or financial connections to outside organisations.

If you think Scotland's judges are honest, think again. An investigation reveals the true extent of their undeclared finances & interests. Read more HERE. Investigations have revealed Scotland's Judges have secret criminal records, massive wealth, unchecked influence, & murky investments along with connections to offshore tax havens, all of which go undeclared as there is no register of interests for the judiciary.

Business Interests: Are Scottish Judges overseas trips really just about law conferences?

Exclusive Report: Scotland's judges have racked up thousands of air miles on overseas trips, including jaunts to the US, India, Morocco and Malaysia. Taxpayers paid £83,644 to send judges and sheriffs and their partners around the world in the past three years revealed in this document. The Lord President also travels to Taiwan, South Africa & other countries yet refuses to travel 700m to the Scottish Parliament to face MSPs questions about judges’ secret undeclared interests.

Exclusive Report : A report published by the European Commission for the Efficiency of Justice reveals Scottish lawyers take home a lavish £161million in legal aid payments on a tiny client base compared to other EU countries’ lawyers. The EU REPORT also shows that Scotland disciplines a tiny number of lawyers compared to countries of similar size, and that Scotland’s sheriffs & judges top the EU pay league. A large proportion of alleged criminals reported to prosecutors in Scotland are also escaping justice while lawyers scoop up legal aid fees for dealing with cases which never make it to court.

EU Justice Report : Scots Justice System is most expensive, has poorest regulation in Europe

A MUST READ REPORT by the European Commission for the Efficiency of Justice reveals the Scottish justice system as the most unproductive, yet most expensive in the entire European Union. Scottish lawyers take tens of millions more in legal aid representing a population of 5 million than Italian lawyers who serve a population of 60 million. The report also reveals Scots judges are paid the highest in Europe, Scottish Sheriffs taking home an average taxpayer funded salary of £120K plus, while others in Scotland’s judiciary are paid £200K plus expenses.

The Scottish Civil Courts Review of 2009 authored by the then Lord Justice Clerk, now Lord President Lord Brian Gill, castigated Scotland’s Civil Justice System as being Victorian, costly, and unfit for purpose, yet years on from the review, little of the proposed reforms have been implemented due to pressure from vested interests in the legal world, and a lack of political will to deliver access to justice to all Scots.

The ‘independent’ lawyer run Scottish Legal Complaints Commission has lurched from scandal to scandal, and proved to be even worse at regulating complaints against Scottish solicitors than the Law Society of Scotland. Clients of Scottish solicitors who are forced to make complaints to the SLCC should read our previous reports on how the anti-client regulator may treat their case.

Exclusive Report: A Research Report from the University of Manchester School of Law, commissioned by the SLCC on the Law Society of Scotland’s two discredited client compensation schemes, the Master Insurance Policy & Scottish Solicitors Guarantee Fund reveals the extent of suicides, illness, broken families and financial ruin among clients who fall victim to rogue solicitors and attempt financial claims in order to recover funds & assets embezzled or stolen by their lawyers. The research report concludes the Law Society's Master Policy is set up “to allow solicitors to sleep at night”, so they can go on to ruin other unsuspecting clients. Read the full shocking story HERE

Name & Shame your crooked lawyer in the media

If you are making a complaint to the Scottish Legal Complaints Commission (SLCC), Law Society of Scotland or Faculty of Advocates about your solicitor or legal representatives, one of the best things you can do is tell the media about it & name your crooked lawyer.

Revealed: Suspended & Bankrupt lawyers are secretly still working in Scotland

Exclusive Report: An investigation has revealed twice suspended but still working as a solicitor John G O'Donnell has impersonated a deceased lawyer as part of an elaborate fraud, while staff at the law firm he worked at said nothing to clients. The Law Society of Scotland did nothing to prevent O’Donnell continuing his reign of scams against clients even after he was twice suspended & made bankrupt. O’Donnell was only found out after one of his clients, saw his photograph in an earlier Sunday Mail newspaper investigation..

Exclusive Report: An investigation has revealed a lawyer who works for the Citizens Advice Bureau is being probed after it’s claimed he targeted vulnerable clients for a crooked legal firm. A client involved in a rent dispute turned to CAB lawyer Gilbert Anderson, who is based at Hamilton Sheriff Court on a taxpayer funded salary. But the ex-Royal Marine sent the client and a friend into the clutches of twice suspended solicitor John G O'Donnell , who does not have a practicing certificate.

BONUS CULTURE of Crown Office fails to deliver justice

An investigation reveals Scotland’s Prosecutors have been caught up in their own BONUS CULTURE where fat cash hand-outs at the end of the year worth tens of thousands of pounds and sly Press Releases short on facts seem to be more important than catching real crooks and delivering on protecting the Scots public.

One of Scotland’s most famous Crooked Lawyers, Andrew Penman of Stormonth Darling Solicitors, Kelso in the Scottish Borders. Read the MEDIA COVERAGE of the case, details which the Law Society of Scotland and several Edinburgh law firms tried to bury.

If you have a similar experience with Stormonth Darling Solicitors, or any other corrupt law firm, we want to hear about it at scottishlawreporters@gmail.com